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PRACTICE NOTES
How are the sustainability criteria relevant to the RO? The renewables obligation (RO) was intended to support investment in renewable generation projects. It did this by placing customer-facing electricity suppliers—who (directly or indirectly) purchase their electricity from generators—under an obligation to source an increasing proportion of their wholesale electricity from renewable sources. The required proportion is set by the Secretary of State (SoS) for Energy Security and Net Zero (ESNZ), who took over the responsibility for the UK’s energy policy from the former Department for Business Energy and Industrial Strategy (BEIS) on 7 February 2023. The supplier evidences its purchases of renewable electricity by the submission of ‘renewable obligation certificates’ (ROCs) to the Office of Gas and Electricity Markets (Ofgem). In order to claim ROCs, generators must be accredited under the RO as capable of generating electricity from renewable sources. Before a generator could be fully accredited under the RO, there were certain eligibility requirements that had to be fulfilled along with additional requirements that applied to generators fired
NEWS
Law360: Greencoat Renewables plc said 8 May 2024 that it has launched a share buyback scheme worth up to €25m as the Irish infrastructure company said it has confidence in its financial performance.
PRACTICE NOTES
What is the fixed price certificate scheme? Sections 32N–32Z2 of the Electricity Act 1989 (EA 1989) provide for the closure of the Renewables Obligation (RO) and for the transition of the RO scheme to a fixed price certificate scheme (FPC Scheme). This is intended to reduce the risk of volatile and increased prices of RO certificates (ROCs) in the final ten years of the RO (ending in 2037). For more information on the RO scheme and its closure, see Practice Notes: Renewables Obligation (RO) scheme—key features and The Renewables Obligation Closure and Grace Periods: a consolidated summary [Archived]. The government, in its 2011 energy white paper and subsequent consultations, explained that the risk of increased prices and higher volatility in prices is due to the fact that, following the closure of the RO to new projects in 2017, there will be a closed and diminishing pool of capacity (as RO-accredited generators are decommissioned, or at least until they are no longer eligible to receive ROCs). Design
GLOSSARY
The annual anniversary of a life contract at which point various options may be available to the policyholder to vary the terms of the policy, eg increase or decrease either the premium or the sum assured.
GLOSSARY
A financial reward to a financial adviser for the ongoing payment of premiums on a regular premium contract. It is due at the annual renewal date of the policy and is expressed as a percentage of the premium.
PRECEDENTS
HM Land Registry Prescribed Clauses LR1. Date of the lease [date] LR2. Title Number(s) LR2.1 Landlord's title number(s) [title number(s) out of which this lease is granted. Leave blank if the landlord’s title is not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [[OPTION 1—name of Landlord (not an overseas entity)] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address]OR[OPTION 2—name of Landlord (overseas entity)] [incorporated OR formed] in [territory of incorporation/formation] (registration number [number]) [and registered at Companies House (company registration number BR[number])] (overseas entity ID [[number] OR not required]) whose registered office is at [address]] Tenant [[OPTION 1—name of Tenant (not an overseas entity)] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address]OR[OPTION 2—name of Tenant (overseas entity)] [incorporated OR formed] in [territory of incorporation/formation] (registration number [number]) [and registered at Companies House (company registration number BR[number])] (overseas entity ID [[number] OR not required])
PRACTICE NOTES
Where an employee is dismissed by reason of redundancy, the Employment Rights Act 1996 (ERA 1996) provides a mechanism for the employer to offer the employee, and for the employee to accept, new or renewed employment as an alternative to a redundancy payment. In certain circumstances, if this happens and the employee is re-engaged within four weeks, the original dismissal is deemed a ‘fiction’; the employee is considered not to be dismissed and is not entitled to a statutory redundancy payment. In all cases, unless the new terms and conditions offered are identical to the previous ones, both the employee and the employer are given a statutory trial period lasting at least four weeks as an opportunity to try out the new arrangement. Depending on the new terms and conditions, and the employee’s reasons for refusing them, or refusing to continue after the trial period ends, the employee may lose their entitlement to a statutory redundancy payment. This Practice Note explains how this mechanism operates. For information on the right to a statutory redundancy
NEWS
Local Government analysis: Basingstoke and Deane BC and Hampshire CC sought an extension of a five-year traveller injunction initially granted in 2019 against 85 named and unknown parties and which was inter alia the subject of Wolverhampton City Council and others v The London Gypsies and Travellers and others. This renewal application was against ‘newcomer persons unknown’ as defined in Wolverhampton. DHCJ Brimelow KC held that the application for a renewal of the injunction should be heard de novo, rather than a review by reference to any material change of circumstances, and applied the ratio of Wolverhampton to the facts resulting in the making of a final without notice injunction on a precautionary basis (a ‘quia timet’ injunction) (per Vastint Leeds BV v Persons Unknown) against newcomer persons unknown. Written by Stephanie Smith (formerly Lovegrove), barrister at 4-5 Grays Inn Square, London.
GLOSSARY
Consideration payable under a lease, the amount of which must be ascertainable with certainty throughout the term (usual via a rent review if not stated in actual figures). Commercial rents are usually paid in advance by equal instalments on the quarter days or other dates specified as rent payment days.
PRACTICE NOTES
This Practice Note covers how a Rent Act 1977 (RA 1977) protected tenancy may be brought to an end including by the service of a notice to quit, and sets out the requirements of the Protection from Eviction Act 1977. It also covers the grounds for terminating a Rent Act 1977 statutory tenancy. Tenancies under RA 1977 were replaced by assured tenancies following the coming into force of the Housing Act 1988 (HA 1988). For more information, see Practice Notes: Granting assured and assured shorthold tenancies—pre-Renters' Rights Act 2025 position and Private sector assured tenancies—terminating. Consequently, RA 1977 is only likely to apply to residential tenancies created before 15 January 1989. For more information in respect of how to recognise a Rent Act tenancy, see Practice Note: Residential tenancies—protected tenancies under the Rent Act 1977. Note that protected and statutory tenancies under RA 1977 are expressly excluded from the provisions of the Renting Homes (Wales) Act 2016 (RH(W)A 2016), so these tenancies have continued and did not become converted occupation contracts following
PRACTICE NOTES
Nature and purpose of a rent deposit A rent deposit is a sum of money deposited by the tenant with the landlord as security against non-payment of rent and/or the financial consequences to the landlord of some other breach of the lease (including the costs of enforcement). In this sense, the term ‘rent deposit’ is misleading, because the deposit is not just available to cover rent arrears (regardless of how widely ‘rent’ may be defined in the lease). For further guidance, see Amount of the initial deposit below. A rent deposit is usually taken when a lease is either granted or assigned to a tenant whom the landlord considers to be a ‘weak covenant’, ie a tenant who has been unable to provide the landlord with sufficient evidence of its financial standing before it becomes the tenant. However, it is not unknown for a landlord to require a tenant to provide a rent deposit during the term of the lease if the current tenant begins to exhibit signs of financial weakness. A rent deposit may be taken in place of, or in addition to, a guarantee. Where
GLOSSARY
A re-assessment of rent, often by reference to the market rent for comparable properties equivalent to a new lease of the property on the review date by a willing landlord to willing tenant for the actual property and terms of the existing lease, but subject to various assumptions and disregards